How to deal with disturbing others at home?

With the popularization of education, people have learned some knowledge more or less, so most people can know themselves correctly and accurately and solve the contradictions that arise. But there are always some people who are impulsive and irrational in solving problems, and often use violent methods to solve problems, such as fighting, picking fights and so on. Then, is it illegal for the other party to go to the door to find trouble? How to judge?

With the popularization of education, people have learned some knowledge more or less, so most people can know themselves correctly and accurately and solve the contradictions that arise. But there are always some people who are impulsive and irrational in solving problems, and often use violent methods to solve problems, such as fighting, picking fights and so on. Then, is it illegal for the other party to go to the door to find trouble? How to judge?

▲ First, go to the door to find trouble.

1, 15 days or more, and may also be fined 1000 yuan or less. Whoever constitutes a crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

2. Legal liability:

Article 26 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:

He is a troublemaker.

4. Article 293 of the Criminal Law: Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

(a) beating others at will, and the circumstances are bad;

(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;

(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;

(4) Causing serious disorder in public places.

5. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and may also be fined.

▲ Second, the identification of the crime of provoking trouble

(a) The object of this crime is public order. The so-called public order includes the order of public places and the same rules that people should abide by in their lives.

(II) Objective Elements This article specifically defines the objective behavior of the crime of stirring up trouble as follows:

1, beating others at will, and the circumstances are bad;

2. Chasing, intercepting or insulting others, and the circumstances are bad;

3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious;

4. Gathering people to make trouble in public places, causing serious disorder in public places;

(III) Subject Elements The subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime.

(IV) Subjective elements This crime can only be constituted by intention subjectively. That is, openly flouting national laws and social morality.

(5) As long as the actor has one of the above four situations, it constitutes the crime of stirring up trouble. However, in the trial practice, the actor often "forcibly takes" and "randomly beats others", or "chases, intercepts and insults others" first, and then "arbitrarily damages and occupies public and private property". In order to satisfy the rogue motivation of seeking spiritual stimulation and having fun, the actor usually carries out multiple acts, and then only considers this crime as one crime.

(VI) Subject Elements The subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime.

(VII) Subjective Elements This crime can only be constituted by intention subjectively. That is, openly flouting national laws and social morality. Its motivation is to pursue spiritual stimulation and fill the spiritual emptiness through the activities of seeking trouble.

To sum up, in view of some people's improper behavior in handling problems or other individual collective behavior, it is illegal to disturb or damage the legitimate interests of others, and the lighter will be sentenced to detention. If it is only harmful or has a great adverse impact on the public, it can be put on file, sentenced to punishment or fined for detention. If there is a phenomenon that the other party comes to the door to seek trouble, you can report the case and ask the public security organ for help.